Terms of Service

These Terms and Conditions (“Terms”) are a legally binding agreement made between You – on behalf of an entity or Yourself – and Fingerlakes Ammunition, LLC dba FLX Ammo (“FLX Ammo”).  By using the FLXAmmo.com website (“Site”) You are agreeing to be legally bound by and comply with the terms contained within these Terms.  If You do not agree to these Terms, You should refrain from viewing or obtaining any information on the Site.  

 

This Site is intended for users who are at least 18 years of age.  If You are under 18 years of age You are not permitted to use the Site. 

 

Customer Affidavit:

Any person who places an order for firearms and/or ammunition with FLX Ammo swears the following declarations are true:

1. I satisfy all Federal, State, and Local age requirements for the purchase of firearms and/or ammunition. Federal requirements are 18+ years of age for long guns and long gun ammunition, 21+ years of age for any other type of firearm or ammunition.  State and Local laws vary and you hereby acknowledge you meet any additional State or Local limitations.   
2. I am the actual purchaser of any products ordered on the Site and am not purchasing any products at the request or direction of a third party.
3. I am not under indictment or information in any court for a felony or for any other crime for which the judge can imprison me for more than one year, nor have I ever been so convicted of any such crime.
4. I am not a current member of the military charged with a violation(s) of the Uniform Code of Military Justice and whose charge(s) have been referred to a general court-martial.
5. I am not a fugitive from justice.
6. I am not an unlawful user of, or addicted to, marijuana or any other depressant, stimulant, narcotic drug, or any controlled substance.
7. I do not possess a subscription for medicinal marijuana.
8. I have never been adjudicated a mental defective or been committed to a mental institution.
9. I have never been and I am not expected to be discharged from the Armed Forces under dishonorable conditions.
10. I am not subject to a court order, including a Military Protection Order issued by a military judge or magistrate, restraining me from harassing, stalking, or threatening my child or an intimate partner or child of such partner.
11. I have never been convicted in any court of a misdemeanor crime of domestic violence, nor am I or have ever been a member of the military and been convicted of a crime that included, as an element, the use of force against a current or former spouse, child, ward or adoptee, person with whom I share a child in common, or against a person who I cohabitated with as a spouse, parent, or guardian, or against any person similarly situated to the foregoing.
12. I have not renounced my United States citizenship.
13. I am not an alien illegally or unlawfully present in the United States, nor am I a nonimmigrant alien.
14. I will not conduct any unauthorized export of any products subject to the International Traffic in Arms Regulations or Export Administration Regulations.
15. I am not prohibited by any state or local law from purchasing firearms or ammunition.
16. I have any necessary state or local licenses or permits to purchase and possess firearms or ammunition as required by state or local law.

 

Limited License:

In consideration of Your acceptance of these Terms, FLX Ammo grants You or (“You” or “User” or “Customer”), a limited, non-exclusive revocable license to access the Site.  By using the Site You represent and warrant that:

(A) all information You submit is true, accurate, current, and complete; (B) You will maintain the up to date registration information as needed in advance of placing any orders;

(C) You have the legal capacity to agree to these Terms;

(D) You are at least 18 years of age;

(E) You will not access the Site through non-human means, including via bot, script, or otherwise;

(F) You will not use the Site for any unlawful purpose;

(G) You will not make any commercial use of the Site, without the express written permission of FLX Ammo;

(H) You will not interfere, disrupt, or attempt to gain unauthorized access to the Site or any related network; and

(I)You will not post or transmit through the Site any content that is unlawful, harmful, defamatory, threatening, abusive, hateful, obscene, profane, offensive, or that is otherwise objectionable, including, but not limited to, any material or content encouraging conduct that may constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law. 

 

This license may be terminated immediately at any point should You breach any of the provisions of this Agreement.  FLX Ammo reserves the right to remove any postings or content in violation of this Agreement.  FLX Ammo may for any reason and in its sole discretion alter, amend, modify, take down, interrupt, or discontinue the Site in whole or in part. FLX Ammo shall have no liability to You whatsoever in connection with such actions.

 

Product Descriptions:

We endeavor to display as accurately as possible the details, specifications, and features of the products we make available for purchase on the Site.  However, we do not guarantee that the specifications, details, features, colors, or description will be complete, current, reliable, or free of other errors, or that Your electronic display will accurately reflect the actual colors and details of the products.  We reserve the right to discontinue the sale of any product at any time for any reason.  Prices are subject to change without notice. 

 

Purchases and Payment:

All products are subject to availability and we do not guarantee that the items displayed are in stock.   Placing an order constitutes an offer to purchase from FLX Ammo.  The receipt of an order number and/or email confirmation does not constitute acceptance of the order and create a contract for sale.  FLX Ammo reserves the right to refuse service to any Customer, to limit the order quantity without prior notification to You, and to cancel any order for any reason.  

 

We accept the following forms of payment:

Visa
Mastercard
American Express
Discover

 

Any orders submitted with incorrect payment information (card number, expiration date, billing address, etc.) will not be processed.  You agree to enter accurate payment information and to keep Your payment information current in Your account (if You create an account on the Site) so that we can complete Your transactions and contact You as needed.  Sales tax will be added to purchases as deemed required by us.  We may change prices at any time.  All payments shall be in U.S. Dollars.

 

You agree to pay all charges at the prices listed at the time of Your purchase and any applicable shipping fees (as selected by You), and You authorize us to charge Your chosen payment provider.  We reserve the right to correct any mistakes in pricing, even if we have already requested or received payment. 

 

We reserve the right to cancel Your order if You do not abide by these Terms. If we choose to cancel Your order, You will receive a refund of the full purchase amount less a cancellation fee of $30.00 or 5% of the total purchase amount, whichever is greater. FLX Ammo reserves the right to waive all or a portion of cancellation fees in its own discretion.

 

Your Account:

You may create your own account to purchase products from the Site and maintain a method of payment associated with your account.  You are responsible for maintaining the confidentiality of your account and password and for ensuring that only You or other persons You have authorized have access to your account, and You further agree to accept responsibility for all activities that occur on the Site under your account.  If there is a problem charging your selected payment method, we reserve the right to charge any other valid payment method associated with your account.  FLX Ammo reserves the right to refuse service, terminate accounts, and/or cancel orders in its sole discretion. 

 

Compliance With Laws:

YOU ARE RESPONSIBLE FOR COMPLYING WITH ALL LAWS APPLICABLE TO THE SALE, PURCHASE, POSSESSION, OWNERSHIP, TRANSPORTATION, AND DELIVERY OF ALL PRODUCTS ORDERED FROM THIS SITE. By placing an order with us, You represent that your purchase and receipt of any product from our Site is compliant with all federal, state, and local statutes, ordinances, rulings, and regulations (collectively, “Laws”) applicable to the purchased products.  You certify that You have read and understood all applicable Laws related to the purchase, possession, and ownership of the products, You are legally permitted to purchase, possess, and own the products, and You do not intend to unlawfully transfer any products purchased from the Site. 

 

Intellectual Property Rights:

The information displayed on the Site, including, but not limited to, images, videos, photos, electronic art, graphics, sounds, audio, information, data, user interfaces, and electronic mail services (“Content”), as well as any trademarks, trade names, service marks, and logos owned or created by FLX Ammo (“Marks”) is the property of FLX Ammo or its licensors and is protected by U.S. and international copyright and other intellectual property laws.  Except as authorized by these Terms, You will not copy, reproduce, modify, alter, create derivative works from, distribute, display, post, or transmit any Content (except for Your personal, private, non-commercial use) or utilize any Marks in any form or by any means, including, but not limited to, electronic, mechanical, photocopy, recording, or otherwise, without the express written permission of FLX Ammo and any applicable third party.  Third party trademarks and trade names appearing on the Site are the property of their respective owners and may not be used without their express permission.  

 

Product Review Submissions:

We may provide You areas on the Site to submit ratings or reviews of products available for sale on the Site.  When posting a review or rating, You must comply with the following:

(1) You have firsthand experience with the product or service being reviewed;

(2) Your review will not contain any profanity, abusive, racist, hate language, or otherwise offensive content;

(3) Your reviews will not contain any discriminatory references based on race, gender, sexual orientation, religion, national origin, age, marital status, or disability;

(4) Your reviews will not contain reference to unlawful conduct;

(5) You are not affiliated with competitors posting negative reviews in a manner intended to mislead, deceive, or enhance a competitor’s product in relation to the product being reviewed;

(6) You will not post any false or misleading comments; and

(7) You will not organize an effort by multiple individuals to post reviews, whether positive or negative.

 

You agree that any questions, comments, ideas, feedback, or other information regarding the Site or products contained thereon provided by You (“Submissions”) are non-confidential and shall become our sole property.  We shall own exclusive rights, including all potential intellectual property rights, and shall be entitled to the unrestricted use of these Submissions for any lawful purpose, commercial or otherwise, without Your consent or compensation to You.  You waive all moral rights to any Submissions and warrant that any Submissions are original to You, or that You have the right to use and submit such Submissions.  You expressly acknowledge that You have no recourse against us for any alleged or actual infringement or misappropriation of any alleged proprietary rights in Your Submissions.

 

Advertisers:

We may allow advertisers to display advertisements or other information on certain areas of our Site.  Advertisers agree to take full responsibility for any advertisements on the Site and any services or products sold through those advertisements.  Further, advertisers warrant and represent that they have all rights and authority to place advertisements on the Site, including, but not limited to, all necessary intellectual property rights, publicity rights, and contractual rights. Other than providing space to place such advertisements, we have no other relationships with advertisers.

 

Site Management:

We reserve the right to monitor the Site for violations of these Terms and to take appropriate action against anyone who we determine in our sole discretion violates the law or these Terms, including, but not limited to, termination of accounts, restriction of access to the Site, removal of any content or Submissions by any Customer or user of the Site, and institution of legal proceedings.  We further reserve the right to manage the Site in a manner designed to protect our rights and the proper functioning of the Site. 

 

Errors and Omissions:

The Site may contain errors or omissions. Such errors or omissions may relate to product description, pricing, and availability. FLX Ammo reserves the right to correct any errors or omissions and to change or update information at any time without notice (including after You have submitted an order).  In the event that You are dissatisfied in any respect with the Site, Your exclusive remedy shall be discontinuance of use of the Site. FLX Ammo shall have no liability in connection with any such errors or omissions.

 

User Data:

We will maintain certain data that You transmit to the Site for purpose of managing the Site as well as data related to Your use of the Site.  You are solely responsible for all data You transmit or that relates to any activity You undertake on the Site.  Although we perform regular backups of data, You agree that we shall have no liability to You for any loss or corruption of data submitted and You waive any right of action against us arising from such loss or any other corruption of data.

 

Electronic Communications and Signatures:

You consent to electronic communications and You agree that all agreements, notices, disclosures, and other communications we provide via email and on the Site satisfy any legal requirement that such communication be in writing.  You agree to the use of electronic signatures and contracts, and to electronic delivery of notices, policies, and records of transactions completed via the Site.  You waive any rights or requirements under any statutes, regulations, or other laws in any jurisdiction that require an original signature or delivery or retention of non-electronic records. 

 

E-Mail List:

In order to better serve our customers we retain a list of each customer’s name and e-mail address. By creating an account or placing an order on the Site, You are authorizing FLX Ammo to send You e-mails about Your purchase and e-mails about other products and services we provide.  Your information will be retained and protected in accordance with FLX Ammo’s Privacy Policy.

 

Miscellaneous:

These Terms constitute the entire agreement between You and us regarding the subject matter contained herein.  The failure of any party to enforce the breach of these Terms by the other party shall not be considered a waiver of that term or any other term of these Terms.  If any provision of these Terms is held to be illegal, invalid or unenforceable, the provision will be enforced to the maximum extent permissible and the remaining provisions of these Terms will remain in full force and effect.  We may assign any or all of our rights or obligations to others at any time without notification to You.  There is no joint venture, partnership, or agency relationship created between You and us as a result of these Terms or Your use of the Site.  You waive any defenses you may have based on the electronic form of these Terms and the lack of signing of the parties to execute the Terms.

 

These Terms may be amended and modified from time to time by posting changes on the Site. You agree to review these terms and conditions prior to Your use of the Site and to comply with any revisions. Any use of the Site after our posting of any such changes shall constitute Your acceptance.